• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Court order not being followed.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? Michigan

Our original court order is from Georgia and has not been domesticated. In our court order my ex was ordered to carry insurance for our 2 girls, pay 1/2 of extracurricular activities and 80% of uncovered medical cost, and half of school expenses.

My husband and I have had to carry them on our insurance because my ex dropped them without letting us know 3 years ago and has refused to pay even half of their premium which is 120 a month. We provide extracurricular activities receipts which we keep very reasonable because my husband and I are paying for all 5 kids in home so we restrict it to 1 per child and he has never paid his half in the last 5 years (nevermore than 80 combined for both girls a month.) We provide the reciept for their school lunches monthly cost 240 per month and he refuses to pay his 120.

However my ex just took the girls for summer vacation and signed them up for summer camp for 6 weeks. Instead of talking to me or providing receipts he kept child support to cover costs of my half as well as half the costs of their tickets home which the court order states he is responsible for and gave him a child support deviation to accommodate.

How do I stop this from continuing? Do I need to go to Georgia to address this or here in Michigan where we have lived for 4 years?

I don't feel like it is fair that he isn't following the court order and my husband has to pickup his slack so to speak.
 


LdiJ

Senior Member
What is the name of your state? Michigan

Our original court order is from Georgia and has not been domesticated. In our court order my ex was ordered to carry insurance for our 2 girls, pay 1/2 of extracurricular activities and 80% of uncovered medical cost, and half of school expenses.

My husband and I have had to carry them on our insurance because my ex dropped them without letting us know 3 years ago and has refused to pay even half of their premium which is 120 a month. We provide extracurricular activities receipts which we keep very reasonable because my husband and I are paying for all 5 kids in home so we restrict it to 1 per child and he has never paid his half in the last 5 years (nevermore than 80 combined for both girls a month.) We provide the reciept for their school lunches monthly cost 240 per month and he refuses to pay his 120.

However my ex just took the girls for summer vacation and signed them up for summer camp for 6 weeks. Instead of talking to me or providing receipts he kept child support to cover costs of my half as well as half the costs of their tickets home which the court order states he is responsible for and gave him a child support deviation to accommodate.

How do I stop this from continuing? Do I need to go to Georgia to address this or here in Michigan where we have lived for 4 years?

I don't feel like it is fair that he isn't following the court order and my husband has to pickup his slack so to speak.
You would have to get an attorney in GA to handle the case in GA if your ex still lives in GA.
 

not2cleverRed

Obvious Observer
What is the name of your state? Michigan

Our original court order is from Georgia and has not been domesticated. In our court order my ex was ordered to carry insurance for our 2 girls, pay 1/2 of extracurricular activities and 80% of uncovered medical cost, and half of school expenses.

My husband and I have had to carry them on our insurance because my ex dropped them without letting us know 3 years ago and has refused to pay even half of their premium which is 120 a month. We provide extracurricular activities receipts which we keep very reasonable because my husband and I are paying for all 5 kids in home so we restrict it to 1 per child and he has never paid his half in the last 5 years (nevermore than 80 combined for both girls a month.) We provide the reciept for their school lunches monthly cost 240 per month and he refuses to pay his 120.

However my ex just took the girls for summer vacation and signed them up for summer camp for 6 weeks. Instead of talking to me or providing receipts he kept child support to cover costs of my half as well as half the costs of their tickets home which the court order states he is responsible for and gave him a child support deviation to accommodate.

How do I stop this from continuing? Do I need to go to Georgia to address this or here in Michigan where we have lived for 4 years?

I don't feel like it is fair that he isn't following the court order and my husband has to pickup his slack so to speak.
The easiest way to stop his child support silliness is to have child support go through the state child support bureau. Start with whichever t state the court order originates from.

The state will keep a tally of exactly what he has paid (through them) in child support.

Of course, this won't help with medical, extracurriculars, etc., BUT it would certainly keep him from withholding child support to pay for transportation/summer camp in the future.

And of course, as you have documentation of the moneys owed, you could go to could and petition for a monetary judgement against him. Collecting it won't be easy, but it might pound some sense into the ex and his spittin' wife's head that they are not exactly walking the straight and narrow.
 

bcr229

Active Member
The easiest way to stop his child support silliness is to have child support go through the state child support bureau. Start with whichever t state the court order originates from.

The state will keep a tally of exactly what he has paid (through them) in child support.

Of course, this won't help with medical, extracurriculars, etc., BUT it would certainly keep him from withholding child support to pay for transportation/summer camp in the future.

And of course, as you have documentation of the moneys owed, you could go to could and petition for a monetary judgement against him. Collecting it won't be easy, but it might pound some sense into the ex and his spittin' wife's head that they are not exactly walking the straight and narrow.
In addition to this awesome advice, could the OP ask instead for a flat amount each month based simply on the state's child support calculator and their respective incomes, with her carrying the health insurance on the kids, since she indicated that her ex is paying reduced support? That way in the future it will be harder for him to play games and she wouldn't have to chase him or file for contempt when he doesn't cover his half of medical, travel, extracurricular, etc. expenses.
 

LdiJ

Senior Member
In addition to this awesome advice, could the OP ask instead for a flat amount each month based simply on the state's child support calculator and their respective incomes, with her carrying the health insurance on the kids, since she indicated that her ex is paying reduced support? That way in the future it will be harder for him to play games and she wouldn't have to chase him or file for contempt when he doesn't cover his half of medical, travel, extracurricular, etc. expenses.
A child support modification, as part of the overall modification is not necessarily a bad idea.
 

t74

Member
Their school lunches are really expensive (approx $6/day per child by your figures). No family would reasonably spend $30/day for school lunches for 5 kids. Maybe they should learn to pack their own especially since there are 5 children in the family. Is food not already included in your CS calculation. I would expect school expenses to be extraordinary expenses like optional activities, school supplies, uniforms but not everyday clothing, ...

How are you calculating their premium for health insurance? In my area the premium for children covers all in the family and is the same for one or a dozen. Point out he is being foolish not to do a cost comparison on this because you providing the insurance is probably a better deal since you can utilize in network providers that are unlikely in his plan is he does not live in the same county.

File for contempt about his failing to pay the summer obligation and reasonable other expenses.
 
Their school lunches are really expensive (approx $6/day per child by your figures). No family would reasonably spend $30/day for school lunches for 5 kids. Maybe they should learn to pack their own especially since there are 5 children in the family. Is food not already included in your CS calculation. I would expect school expenses to be extraordinary expenses like optional activities, school supplies, uniforms but not everyday clothing, ...

How are you calculating their premium for health insurance? In my area the premium for children covers all in the family and is the same for one or a dozen. Point out he is being foolish not to do a cost comparison on this because you providing the insurance is probably a better deal since you can utilize in network providers that are unlikely in his plan is he does not live in the same county.

File for contempt about his failing to pay the summer obligation and reasonable other expenses.
For calculating premium for insurance, we have to pay $240 out of pocket each month since adding the two of them to my husband's insurance. This was explained to us by the union rep as being out of pocket instead of covered under my husband's contributions to his fund because they are stepchildren. If the court order required me to carry insurance they would get covered under his normal contribution but since our court order states my ex is responsible his union won't cover them. The coverage is amazing though and I have price compared to show my ex. His premiums would be 300+ for about 80% of the benefits. Example my oldest needed 8 stitches and an emergency room visit. Hospital billed 9000 we paid nothing out of pocket.

The court order covers school expenses at 50/50. They wear uniforms to school which we never ask him to cover because clothing is something we can pass down or sell. Extra curricular is also 50/50 per court order. Currently only 2 of 5 of my kids are school aged. We have talked about packing in the future.
 

stealth2

Under the Radar Member
I would be shocked if a court would entertain a $6 daily lunch as part of their "school expenses". Any lunch, really.

As for insurance... My ex was also ordered to provide insurance. We also lived in other states, so his insurance wasn't of much help to me here. When I brought it up in court, the judge effectively told me that as long as he provided coverage as ordered, its inconvenience or lack of equivalence to what I could get was irrelevant. Now, your ex not providing coverage seems to put him in contempt. But that is on you to pursue. In court. In GA. Be aware that he will very likely not be required to match the benefits your husband provides. A modification may be a wise move.
 

LdiJ

Senior Member
I would be shocked if a court would entertain a $6 daily lunch as part of their "school expenses". Any lunch, really.
I think the $6 a day was for two kids, so really, that is fairly normal for a school lunch. I agree that its not normally something that a judge would order them to split, child support normally covers that.
 

stealth2

Under the Radar Member
I think the $6 a day was for two kids, so really, that is fairly normal for a school lunch. I agree that its not normally something that a judge would order them to split, child support normally covers that.
Nope: $240/4.3 = 55.81/week /5 = 11.16/day. For two kids. $5.58/child/day. I assumed whoever posted $6 rounded up.
 

t74

Member
Engineering estimate - $120/kid/mo; avg 20 school days/mo and I did not have to get out my calculator

I really think there is good reason to modify for the health insurance. Remember, the goal is to get the most for the cost of the insurance which is horrendously expensive. The penalty on ours for out of network really limits where we can go and I expect it is similar elsewhere.

I really believe that school uniforms are a legitimate expense to. be shared. Fortunately they can be had at relatively reasonable prices so the cost for you to pay for all is really not that bad - at least until they hit a growth spurt and need three full sets in a year.

I suspect there are hurt feelings for some reason or financial reverses affecting what is happening. I really think this should not become a big deal especially if you go through child support services. And figure out why your school is charging so much for lunch! With as many kids as you have to feed, it is an issue.
 

stealth2

Under the Radar Member
Engineering estimate - $120/kid/mo; avg 20 school days/mo and I did not have to get out my calculator
Yeah, but when called on it, I like to pull out the calculator and get specific by showing my work.
I really believe that school uniforms are a legitimate expense to. be shared. Fortunately they can be had at relatively reasonable prices so the cost for you to pay for all is really not that bad - at least until they hit a growth spurt and need three full sets in a year.
Agreed. Whether they can be handed down to the younger (I'm assuming hubz's kids) or not - it is a legit expense for the two shared by OP & ex. If it were me? I'd likely get a new uniform/kid/year, and work on a uniform swap for spares. Not every parent needs to hold on to the outgrown ones for the next kid.
 

LdiJ

Senior Member
Yeah, but when called on it, I like to pull out the calculator and get specific by showing my work.

Agreed. Whether they can be handed down to the younger (I'm assuming hubz's kids) or not - it is a legit expense for the two shared by OP & ex. If it were me? I'd likely get a new uniform/kid/year, and work on a uniform swap for spares. Not every parent needs to hold on to the outgrown ones for the next kid.
School uniforms in my area are not as specific as true uniforms. The kids have to wear solid colors, neutral tones mostly, with collared shirts, no jeans. You can buy the type of clothing very reasonably at wally world, and thrift stores generally have a supply of used ones. Generally what they end up being is a navy, black, brown, olive or tan pair of pants or a skirt, with a short or long sleeved polo style shirt. So, they really are not expensive to buy.
 

Just Blue

Senior Member
School uniforms in my area are not as specific as true uniforms. The kids have to wear solid colors, neutral tones mostly, with collared shirts, no jeans. You can buy the type of clothing very reasonably at wally world, and thrift stores generally have a supply of used ones. Generally what they end up being is a navy, black, brown, olive or tan pair of pants or a skirt, with a short or long sleeved polo style shirt. So, they really are not expensive to buy.
And you know that is the case for OP...how?
 

stealth2

Under the Radar Member
School uniforms in my area are not as specific as true uniforms. The kids have to wear solid colors, neutral tones mostly, with collared shirts, no jeans. You can buy the type of clothing very reasonably at wally world, and thrift stores generally have a supply of used ones. Generally what they end up being is a navy, black, brown, olive or tan pair of pants or a skirt, with a short or long sleeved polo style shirt. So, they really are not expensive to buy.
Yeah, but come on - there ARE schools that have fer real uniforms. And even if not? That expense should be shared.

ETA certainly a more legit expense than the $6 lunch.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top